2008 (5) TMI 535 - AT - Central Excise

Summary

Issues:
1. Refund of interest paid under protest.
2. Rejection of appeal by Commissioner (Appeals) on technical grounds.

Analysis:
1. The judgment dealt with the issue of refunding interest paid under protest by the appellants. The appellants had initially paid duty along with interest under protest due to an Audit objection. Subsequently, the Hon'ble Supreme Court ruled in favor of the appellants, leading the Board to issue a Circular based on this decision. The Adjudicating Authority refunded the duty paid under protest but declined to return the interest, citing the absence of a provision under Central Excise law. The learned Advocate representing the appellants argued that the interest amount was Rs. 6,753. The Appellate Tribunal found merit in the appeal, acknowledging the refund of interest as per the Supreme Court's decision. The matter was remanded back to the Commissioner (Appeals) for further consideration, emphasizing the need for a fair hearing and an opportunity for the appellants to present their case effectively.

2. The second issue addressed in the judgment pertained to the rejection of the appeal by the Commissioner (Appeals) on technical grounds. The Commissioner (Appeals) had dismissed the appeal without issuing a Defect Memo, leading to the Tribunal deeming the rejection unsustainable. The learned Advocate contended that the appellants had indeed submitted the order of the Adjudicating Authority along with the Memorandum of Appeal. Consequently, the Tribunal set aside the Commissioner (Appeals) order and remanded the matter back for proper consideration. The Tribunal emphasized the importance of providing a fair opportunity for the appellants to present their case and directed the Commissioner (Appeals) to ensure a proper hearing in the future. The appeal was allowed by way of remand, ensuring a just and thorough review of the case.